The Trial
by Emmalie19
Summary: An alternate look at the trial in the fifth book. When Harry stands up for himself and what could have happened.


**disclaimer: I don't own Harry Potter**

Derek Waters was the lord of small pureblood house. As an old man who had no heirs (two daughters that were both married), he was mostly ignored and overlooked in the wizarding world. He was neutral, neither affiliated with the light side that completely discarded their heritage and was oblivious to the treat of muggles nor did he side with the dark that fell to magic dark addiction and went to extreme violent ways to secure power that would destroy the British wizarding world.

However, that being said, he was cautious and observant, waiting for the right time to put jump on board a side. He was aware of the smearing campaign and the corruption that was present in the government at the time, but simply choose to wait it out.

When he was informed that Wizengamot was trying Harry Potter for underage magic, he snorted and proclaimed that Fudge not Dumbledoor (although he also was getting close) was off his rocker. Then, the day before the trial, the time was changed and he smelled rat.

Harry Potter, who he had only seen pictures and rumors of, was said to be a shy average student at best who lacked the strength to stand up for himself and was foolishly Gryffindor. Under lights thumb, they said.

The boy that walked into the court room was anything but. Dressed in what seemed to be formal heir dress robes, the donned what looked to be three house crests. His hair, that in all the pictures was horribly messy, was combed back styled. There were no glasses that he was famous for.

The boy, who looked to be small for his age, swept to the middle of the room. He looked under control and clam which was unusual for someone in his position.

"Very well," Fudge started, "The accused being present- finally- let us begin. Are you ready?" he went on to announce a long list of ministry people that Lucius Malfoy, and therefore the dark, had in his back pocket.

The old goat arrived, proclaiming that he was witness, causing young Harry to raise his eyebrows in what seemed to be half surprise half amusement.

"Yes." The minister of magic seemed disjointed with Dumbledore's appearance, and continued shakily, "Well, then. So. The changes. Yes."

Fudge seemed to gather himself, and read off, "The charges against the accused are as follows: That he did knowingly, deliberately, and in full awareness of the illegality of his actions, having received previous warning from the Ministry of Magic on a similar charge, produce a Patronus charge in a Muggle-inhabited area, in the presence of a Muggle, on August the second at twenty-three minuets past nine, which constitutes an offense under paragraph C of the Decree for the Reasonable Restriction of Underage Sorcery, 1875, and also under section thirteen of the International Confederation of Wizards' Statute of Security.

"You are Harry James Potter, of number four, Private Drive, Little Whinging, Surrey?" Fudge glared at Potter as if he was the reason behind all the problems in the world.

He replied with a cool, "I am."

"You received an official warning from the Ministry for using illegal magic three years ago, did you not?"

"Yes, you see-" the boy was cut off from defending himself.

"And yet you conjured a Patronus on the night of the second of August?" said Fudge. Derek was impressed. The power required to produce a Patronus was hard to muster for an adult wizard, for a child to do it was extraordinary.

"I did." Harry, who seemed to understand that anything he would attempt to say would be cut off, voiced his answer coldly.

"Knowing that you are not permitted to use magic outside of school while you are under the age of seventeen?" Fudge presses on.

"Yes."

"Knowing that you were in an area full of Muggles?" The question was loaded.

"Yes, and-"

"Fully aware that you were in close proximity to a Muggle at the time?" Fudge steamed on gleefully.

Harry, who seemed to have gotten enough of it, stood up in the middle of the room.

"Mr. Potter, what are you doing? Please sit down and answered the question?"

The boy waited for the room to quite down and everyone was attentive, waiting for what the child would do.

"I am going to speak now and you may not interrupt me unless you want me to sue for not given due process and the chance to defend myself." His voice echoed through the chamber and Derek raised his eyebrows. That was defiantly one way to get people's attention. Harry Potter spoke assertively and confidently.

"Now, Mr. Potter, you see here-" Fudge looked panicked and tried to stop the boy.

"Minister Fudge, I have the right, as the heir to not one, not two, but three Noble and Ancient houses to defend myself unless you wish for me to sue under the Noble Protection Act of 1878 or the Line Protection law under the modern 1967 revisions."

Amelia Bones looked surprised and had a faint smirk on her lips as she spoke out, "Please continue Mr. Potter."

"Before I make my cause for my use of magic, I would like to _bring some things to light._" The boy who was supposed to light's golden child smirked.

"The Muggles in question was in fact my cousin who has been aware of my magic since my Hogwarts letter and therefore, exempt from the law. And-"

Fudge interrupted, "You still are charged with underage magic use-"

"Of course, if you would let me continue, I was about to say: Last school year I was entered and allowed to participate in a competition which was only for adult wizards stipulating that under magic laws, due to that fact that my guardian did not in fact clear me for participating, I am no longer a minor."

There was murmuring in the room and someone off to the left, whispered white loudly, "This is _Harry Potter_?"

"If that is not enough, you have brought me in front of the Wizengamot to be tried for underage magic which has never, in the history of Wizengamot, ever been done. You are therefore trying me as an adult proclaiming that I am charged as an adult. Now, this means that you are stating that I preformed the magic as an _adult _negating the charges."

"Now-" Fudge tried to backpedal.

"Also, in the history of Hogwarts, only a total of sixteen children have ever been convicted and expelled from Hogwarts for using underage magic, all of which have either attacked another or used flashy magic at least five times over the summer."

"You situation is different-"

"Because I am Harry Potter? I can sue you and the ministry for unfair and biased conduct if that is what you are proclaiming."

"No, not at all…" Fudge backpedaled again.

"On top of that, the ministry has failed to uphold the Stature of Security due to the lack to Obiviators and Aurors that showed up after the magic was used."

The whole court room took on another feel and Derke glanced over to Dumbledore who had a surprised, but pleased look on his face.

"Then, this whole trial, could and should be thrown out due to misconduct. I was not informed of the time change for the trial eight hours in advance, as the law dictates nor was I given legal council which all minors under the law are guaranteed unless you are proclaiming that I am _not a minor_. Also, I was not offered to testify under Veritaserum, which I would have conceded to, negating any charges that are brought up during this trial."

Fudge's mouth was hanging open. Umbrigde, the undersecretary, started in a sickly sweet voice, "Now sweetheart, you are too young to-"

"I'm sorry, but do you have any authority to speak against me?" He asked.

"I am the undersecretary to the Minister-" she spoke indignantly.

"And therefore only here to assist him. You have no legal training nor right to speak in this trial. I can, and am highly considering sueing for lack of due process given wizarding and common law which the wizarding world is also subject to."

"Now, if you were to convict me on underage charges, you have the right to take my wand. If so, I have the emancipation paper filled out (due to the being the last remaining heir) which I would file at Gringots and then would be a legal adult in which you would be forced to give me my want back due to the fact that I was convicted for non-felony charge and with taking the OWLs, would legally be allowed to use magic again all under twelve hours. Also, I would then be an adult and be able to sue for not given due process, misconduct against a noble house, subjugation due to my name, libel laws against the ministry (which owns the Daily Prophet), and anything else I could think up."

Fudge and most of the Wizengamot was speechless.

"Now the reason we are here, and should be the center of the matter for this trial, is the fact that there were dementors near my house which could have, and because they are still rouge, still could kiss an unsuspecting Muggle or wizard who lacks the ability to cast a Patronus. Also, sue to that, all the charges should be dropped because there is a blanket rule about nothing in the law restricting you from being able to protect yourself."

"Mr. Potter, that is a farce. There were no dementors." The rest of the people at the trial were looking surprised and worried.

"I would like to inform you that I have submitted a memory to the unspeakables who have proclaimed it's authenticity. The fact that it was never collected before the trial nor offered as a means of proving my innocence is another misconduct."

"The dementors which are supposedly under the ministry's control which means that they either were ordered to come to my neighborhood, which I'm sure is unlikely," he sarcastically popped off, "or are rogue and I am therefore _concerned _about the lack of care that the ministry employs with them."

Throughout his whole entire speech, he had moved around and spoke to the whole crowd. After his little speech, he composed himself, and said, "Wither or not you clear me of these charges, there has been huge misconduct within the whole trial. My rights as a minor have been completely ignored (on top of the fact that you have proclaimed that I am now an adult as early as the tirwizard tournament again negating charges), and the charges are inaccurate due to underage protection laws. I hope you make a good decision." And with that, Harry Potter sat back down in the chair and leaned back completely comfortable.

The whole entire room was unrest and even the light lords where glaring at Fudge. Almost everyone looked stunned at the boy who was nothing like they has heard. Derek knew one thing, and that was if Harry Potter fought the upcoming war like he fought the charges, he knew who he was siding with.

Please tell me what you think! I had lots of fun writing it! I always thought that the trial was one of the worst/best examples of wizarding politics and government failure. I know its not very realistic, but that is what I think Harry should have done!


End file.
